Can a laid-off expatriate worker qualify for the Return to Employment Assistance (RWA)?

Pôle emploi asks Mr. X to reimburse the allowances received in respect of the return-to-work aid on the ground that he was not resident in France. Mr. X is challenging this decision and taking the matter to court.

The appeals court won Pôle emploi’s case. It considers that Mr. X does not provide proof that his habitual residence was in France or that his habitual center of interests was there.

Mr. X then decided to go before the Cour de Cassation, holding that the agreements governing unemployment insurance simply required that the employee resided in France in order to receive that allowance.

What are the conditions for a dismissed expatriate employee to benefit from the ARE?

Service-Public.fr replies:

The Cour de cassation, in its decision of 27 June 2024, recalls first of all that the provisions relating to unemployment insurance are established by agreements between organizations representing employers and employees (L. 5422-20 paragraph 1^er of the Labor Code).

It goes on to state that, in order to benefit from the AER, the beneficiary must to reside in a stable and effective manner in metropolitan France, in the overseas departments or certain overseas authorities.

Then, confirming the Court of Appeal’s analysis, the Court of Cassation held that:

• Mr. X was still mainly resident in China after his dismissal, where his usual center of interests was also located;
• the documents provided by Mr. X (gas invoices, water, etc.) did not prove a legal residence in France, especially since another person lived at the declared address;
• Mr. X’s testimony did not attest to his regular presence during the period for which the AER was paid.

Thus, the Court of Cassation confirms that the allowances paid were unfair, rejects Mr. X’s arguments and orders him to reimburse Pôle emploi the sums received.